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(영문) 서울남부지방법원 2015.11.19 2013가합108625
사해행위취소
Text

1. The part of the claim for revocation of fraudulent act and restitution within the scope of KRW 130,000 among the instant lawsuit shall be dismissed.

2.(a)

Reasons

Basic Facts

On May 14, 2009, B established the Plaintiff’s taxation claim against B sold 1,901 square meters of the land for gas station C to Nonparty D in Ansan-si, but did not report the transfer income tax due to the said transaction.

Plaintiff

On February 1, 2012, the head of Pyeongtaek-si Tax Office confirmed the omission of the return of capital gains tax, and notified the payment of capital gains tax of KRW 563,239,880 by February 29, 2012.

After the filing of the instant lawsuit, B’s delinquent amount of national taxes is KRW 719,189,950 as indicated in the following table:

On April 20, 2010, B entered into a contract on April 20, 2010, B prepared and delivered a certificate of borrowing KRW 900 million to the buyer and the defendant on June 1, 2009.

B B On April 20, 2010, the following content between the Defendant and the Defendant, namely, B, that was unable to pay the above loan amount of KRW 900 million, and the attached list to the Defendant.

1. Each of the real estate mentioned above (hereinafter “sale property of this case”) was transferred to KRW 878,770,000,000,000,000, and a performance agreement was concluded to offset all of the expenses, such as public charges incurred prior to ownership by B on the condition of payment by B (hereinafter “sale agreement”). Accordingly, as to each of the real estate listed in paragraphs 1 through 9 among the sale property of this case, the Suwon District Court’s registration office was received on April 21, 2010 as the receipt of No. 16048 on April 21, 2010, the registration of ownership transfer was completed on April 21, 2010 with respect to the real estate listed in paragraph (10) of this case’s sale property each of the registration of ownership transfer was completed (hereinafter “registration of ownership transfer on April 21, 2010”) and the list of inherited property divided on June 30, 2015.

2. Each of the registered real estates (total or partial shares, hereinafter “instant inherited property”) was owned.

On June 15, 2010, the heir of E, F, the defendant, B, G, H, and I have an agreement on the division of inherited property with the content that the defendant will own 7/13 shares of the inherited property of this case, G, H, and I, 2/13 shares, respectively.

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